PART VII

Persons Unable to Vote at Polling Station

63. —(1) The registration authority shall enter in the postal voters list the name of every elector who, not later than the last date for making claims for correction in the draft register, applies to be so entered and satisfies the registration authority that the circumstances of the elector's occupation, service or employment are such as to render it likely that he or she will be unable to go in person on polling day to vote at the polling place for the polling district.

(2) For the purposes of this section “employment” and “service” shall be deemed to include participation by a person on a full time basis on an educational course of study in an educational institution in the State.

64. —(1) The following provisions shall apply in relation to an application to be entered in the postal voters list pursuant to section 63 —

(a) the application shall be in the form directed by the Minister;

(b) the application shall be signed by the applicant and completed in accordance with the instructions provided thereon and shall be accompanied by a certificate or a statutory declaration, as the case may require;

(c) the application form, duly completed, and the certificate or declaration shall be delivered or sent by post so as to be received by the registration authority not later than the last date for making claims for corrections in the draft register.

(2) An applicant to be entered in the postal voters list shall furnish to the registration authority in support of the application—

(a) in case the applicant is an employed person, a certificate from the applicant's employer, or, where the applicant is a person referred to in section 63 (2), a certificate from the registrar, or secretary, as may be appropriate, of the relevant educational institution, in the form directed by the Minister, and

(b) in every other case, a statutory declaration in the form directed by the Minister.

65. —(1) An applicant to be entered in the postal voters list pursuant to section 63 shall furnish to the registration authority any information or documents in the applicant's possession or procurement which the authority may require so as to be satisfied that the applicant is a person to whom that section applies.

(2) Whenever a registration authority requires information or documents from an applicant pursuant to subsection (1) the applicant shall furnish the authority with the information or documents within the time (being not less than 7 days from the day on which the request is made) specified in the requirement and, if the applicant does not furnish the required information or, as the case may be, documents within the time so specified, the application shall be deemed to have been withdrawn.

66. —(1) The registration authority shall, within the period of fourteen days ending on the qualifying date for registration as an elector, arrange for the giving of public notice of—

(a) the category of electors entitled to apply to be entered in the postal voters list pursuant to section 63 ,

(b) the manner in which, and the time before which, applications must be submitted, and

(c) the times and places at which application forms may be obtained.

(2) The registration authority shall arrange for the provision of application forms at such times and places as are specified in a notice pursuant to subsection (1) and an application form shall be supplied free of charge to any person applying therefor.

67. —(1) Where the registration authority is satisfied that an applicant—

(a) is an elector to whom section 63 applies,

(b) has duly completed the application form, and

(c) has furnished the certificate or, as the case may be, statutory declaration required under section 64 ,

the registration authority shall—

(i) rule that the application is granted and mark the application form accordingly, and

(ii) notify the applicant of the decision.

(2) Where the registration authority is not satisfied that an applicant—

(a) is an elector to whom section 63 applies, or

(b) has duly completed the application form, or

(c) has furnished the certificate or, as the case may be, statutory declaration required under section 64 ,

the registration authority shall—

(i) rule that the application is refused and mark the application form accordingly, and

(ii) notify the applicant of the decision and of the reason therefor.

(3) (a) Subject to paragraph (b), whenever an application is received by a registration authority after the date specified in section 63 , the application shall be disregarded and the applicant shall be notified accordingly.

(b) As respects the year in which this Part comes into operation the Minister may, by order, appoint a date to be the latest date for receiving applications in lieu of the date specified for this purpose in sections 63 and 64 and a period for giving public notice in lieu of the period specified in section 66 and paragraph (a) shall be construed accordingly as respects that year.

68. —(1) The provisions of Part XIII of the Act of 1992 shall apply to the issue of ballot papers to, and the return of such ballot papers by, electors at a Dáil election whose names are entered in the postal voters list pursuant to section 63 subject to the following modifications—

(a) an elector whose name is so entered in the postal voters list, in order to vote, shall in a Garda Síochána station in the presence of a member of the Garda Síochána do the following things in the following order—

(i) produce to the member of the Garda Síochána the envelope addressed to the elector pursuant to section 68 of that Act, the ballot paper (in relation to which the member of the Garda Síochána shall establish that it is unmarked) and a form of declaration of identity in the form directed by the Minister;

(ii) complete and sign the said declaration of identity;

(iii) hand the declaration of identity to the member of the Garda Síochána who shall, on being satisfied as to the identity of the person who has signed the declaration, witness the signature and stamp the declaration of identity with the stamp of the Garda Síochána station and destroy the envelope addressed to the elector;

(iv) mark, in secret, the ballot paper;

(v) place the marked ballot paper in the ballot paper envelope, and effectually seal such envelope;

(vi) place the ballot paper envelope and the completed declaration of identity in the covering envelope and effectually seal that envelope;

and shall send the last-mentioned envelope by post to the returning officer;

(b) a reference to “receipt”, in relation to documents appropriate to such electors, shall be construed as a reference to “declaration of identity”; and

(c) a reference to “receipt duly signed”, in relation to such documents, shall be construed as a reference to “declaration of identity duly signed and witnessed and stamped with the stamp of the Garda Síochána station”.

(2) In this section “ballot paper envelope” and “covering envelope” have the meanings specified in section 68(3) of the Act of 1992.

(3) The modifications of Part XIII of the Act of 1992 provided for in this section shall have effect in relation to the provisions of the said Part XIII as applied to presidential elections by section 40 of the Act of 1993 and to referenda by section 28 of the Referendum Act, 1994.

69. —The Act of 1997 is hereby amended by the insertion of the following Rule after Rule 29 of the Second Schedule:

“Voting by electors referred to in section 63 of the Electoral Act, 1997.

29A.—(1) The provisions of this Part shall apply to the issue of ballot papers to, and the return of such ballot papers by, electors whose names are entered in the postal voters list pursuant to section 63 of the Electoral Act, 1997, subject to the following modifications:

(a) an elector whose name is so entered in the postal voters list, in order to vote, shall in a Garda Síochána station in the presence of a member of the Garda Síochána do the following things in the following order—

(i) produce to the member of the Garda Síochána the envelope addressed to the elector pursuant to Rule 32(3), the ballot paper (in relation to which the member of the Garda Síochána shall establish that it is unmarked) and a form of declaration of identity in the form directed by the Minister;

(ii) complete and sign the said declaration of identity;

(iii) hand the declaration of identity to the member of the Garda Síochána who shall, on being satisfied as to the identity of the person who has signed the declaration, witness the signature and stamp the declaration of identity with the stamp of the Garda Síochána station and destroy the envelope addressed to the elector;

(iv) mark, in secret, the ballot paper;

(v) place the marked ballot paper in the ballot paper envelope, and effectually seal such envelope;

(vi) place the ballot paper envelope and the completed declaration of identity in the covering envelope and effectually seal that envelope;

and shall send the last-mentioned envelope by post to the local returning officer;

(b) a reference to ‘receipt’, in relation to documents appropriate to such electors, shall be construed as a reference to ‘declaration of identity’; and

(c) a reference to ‘receipt duly signed’, in relation to such documents, shall be construed as a reference to ‘declaration of identity duly signed and witnessed and stamped with the stamp of the Garda Síochána station’.

(2) In this Rule ‘ballot paper envelope’ and ‘covering envelope’ shall have the meanings specified in Rule 32(3).”.

70. —The Local Elections Regulations, 1995 (S.I. No. 297 of 1995), are hereby amended by the insertion of the following article after article 30:

“Voting by electors referred to in section 63 of the Electoral Act, 1997.

30A.—(1) The provisions of this Part shall apply to the issue of ballot papers to, and the return of such ballot papers by, electors whose names are entered in the postal voters list pursuant to section 63 of the Electoral Act, 1997 subject to the following modifications:

(a) an elector whose name is so entered in the postal voters list, in order to vote, shall in a Garda Síochána station in the presence of a member of the Garda Síochána do the following things in the following order—

(i) produce to the member of the Garda Síochána the envelope addressed to the elector pursuant to article 33(3), the ballot paper (in relation to which the member of the Garda Síochána shall establish that it is unmarked) and a form of declaration of identity;

(ii) complete and sign the said declaration of identity;

(iii) hand the declaration of identity to the member of the Garda Síochána who shall, on being satisfied as to the identity of the person who has signed the declaration, witness the signature and stamp the declaration of identity with the stamp of the Garda Síochána station and destroy the envelope addressed to the elector;

(iv) mark, in secret, the ballot paper;

(v) place the marked ballot paper in the ballot paper envelope, and effectually seal such envelope;

(vi) place the ballot paper envelope and the completed declaration of identity in the covering envelope and effectually seal that envelope;

and shall send the last-mentioned envelope by post to the returning officer;

(b) a reference to ‘receipt’, in relation to documents appropriate to such electors, shall be construed as a reference to ‘declaration of identity’; and

(c) a reference to ‘receipt duly signed’, in relation to such documents, shall be construed as a reference to ‘declaration of identity duly signed and witnessed and stamped with the stamp of the Garda Síochána station’.

(2) In this article ‘ballot paper envelope’ and ‘covering envelope’ shall have the meanings specified in article 33(3).”.